PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Report No. 2963 September 28, 2012 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER PETITION FOR RULEMAKINGS FILED Interested persons may file statements opposing or supporting the Petition for Rulemakings listed herein within 30 days, or as noted. See Sections 1.4 and 1.405 of the Commission's rules for further information. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11679* 73.202(b) Roy E .Henderson 05/11/2012 Roy E. Henderson filed a counterproposal (John C. Trent, Esq. proposing: (1) the allotment of Channel Putbrese Hunsaker & Trent 233A at Oakwood, Texas, as the 200 S. Church Street community’s first local service; (2) a Woodbridge, VA 22664) city of license modification for Station KTWL(FM), Channel 287C3 from Hempstead, Texas, to Todd Mission, Texas, as the community’s first local service; (3) a city of license modification for Station KLTR(FM) from Channel 231C3 at Brenham, Texas, to Channel 231C2 at Hempstead, Texas, to prevent removal of Hempstead’s sole local service; and (4) the substitution of Channel 232A for vacant Channel 288A at Lovelady, Texas. Pursuant to the Note of Section 73.208(a)(3) of the Commission's Rules, we hereby request that Henderson file an amendment to the counterproposal to protect the authorization of Station KAGZ(FM), File No. BPH-20120521BEQ, within 15 days from the release date of this Public Notice. In compliance with Section 73.208(a)(1)(i), the proposed allotment of Channel 232A at Lovelady must protect the pending "cut-off" application for Station KAGZ(FM). In addition, new proposals in the proceeding cannot be introduced during the reply comment period as a method of resolving the conflict. Additionally, Henderson is required to make a showing that, at the time he filed the counterproposal, he did not know, and could not have known by exercising due diligence, of the pendency of the conflicting Station KAGZ(FM) "cut-off" application. THE ABOVE PETITION FOR RULEMAKING WILL BE TREATED AS A COUNTERPROPOSAL IN MB DOCKET NO. 12-92. REPLY COMMENTS TO THE COUNTERPROPOSAL SHOULD BE SUBMITTED IN THIS DOCKET NO LATER THAN 15 DAYS (RATHER THAN 30 DAYS) AFTER THE DATE OF THIS PUBLIC NOTICE. FCC